Distribution of commercial software on a Linux virtual device and GPL

Question

We want to distribute our commercial closed-source software as a virtual device.

Our preferred OS is Linux.

We do not want to violate the GPL, and currently we do not want to open the source code of our own IP address.

Can we legally do this?

Or do we need to use an OS with a more permissive license (for example, BSD)?

(PS: I understand that I need to eventually seek the advice of a good lawyer.)

EDIT: Thanks to everyone for the comments.

Answer 1

Just the fact that your application runs on top of the GPL'd kernel does not affect the licensing of your software. It really depends on what your software actually “associates” with (for any definition of “link”, it means for any language your software is written in).

Is your software related to the GPL core? Or any other GPL software?

Answer 2

The Linux kernel has a special version of the GPL that specifically allows this:

ATTENTION! This copyright does not apply to user programs that use the service core with regular system calls - it is simply considered normal use of the kernel and does not fall under the heading “derivative work”.

But yes, you should ask a lawyer :-).

Answer 3

As I understand it, the GPL is freedom. You have the freedom to do what you want with the software if you transfer the same freedoms.

This means that you can free associate the GPL software / OS with your commercial / proprietary / proprietary / proprietary software if you transfer the same GPL software freedoms to your users.

To convey these freedoms, if you make any changes to the GPL software, you also need the GPL these changes, and you must make the source code of the GPL software available to any user of your package. but this in no way affects any proprietary software that you provide with the GPL OS.

If, however, your software links / compiles / links to something in the GPL, that is another matter.

As you said, consult a lawyer if you want to know for sure.